Monday, March 27, 2017

New Court 2:9-14. Motion for Leave to Appeal from Disposition of R. 2:9-13 Appeal

New Court 2:9-14. Motion for Leave to Appeal from Disposition of R. 2:9-13 Appeal
Following the disposition of an appeal as of right filed in the Appellate Division pursuant to R. 2:9-13 (Appeals from Orders Granting Pretrial Detention), requests for relief from the Supreme Court shall be by motion for leave to appeal. Such motions shall conform to the Court Rules governing motions for leave to appeal, including but not limited to R. 2:5-6 (Appeals from Interlocutory Orders, Decisions and Actions) and R. 2:8-1 (Motions), with the following exceptions:
(a) Supporting and answering briefs shall not exceed five (5) pages, exclusive of tables of contents and tables of citations;
(b) The record before the Supreme Court shall be limited to the parties’ briefs on the motion for leave to appeal, the Appellate Division’s disposition of the pretrial detention appeal in the form provided by R. 2:9-13(e), and the documents that comprised the record on the appeal to the Appellate Division, as provided in R. 2:9-13(d). No further submissions shall be filed on the motion for leave to appeal without leave of Court;
(c) The filing of a motion for leave to appeal pursuant to this rule shall not divest the trial court of jurisdiction, unless otherwise ordered by the Court;
(d) Movant shall have a continuing obligation to notify the Court immediately if there is a change to the defendant’s pretrial detention status.
Note: Adopted December 6, 2016 to be effective January 1, 2017.